Disorderly Conduct Law
What is disorderly conduct?Disorderly conduct is a criminal charge in most states. In most cases disorderly conduct makes it a type of crime to be drunk in public, to loiter in certain places, or to disturb the peace. There are several unruly conduct charges that may fit the definition of disorderly conduct and such statutes are often used as a catch all type crime. When people are behaving in a disruptive manner, the police may use the disorderly conduct if they present no other danger. Disorderly conduct is classified as a violation or a misdemeanor in most cases. The punishments for disorderly conduct may vary from state to state. To find more information about disorderly conduct read below to find Expert answers.
In the state of Illinois, if a person is arrested for disorderly conduct but feels they are innocent, should he/she hire an attorney?In the state of Illinois, the only way for a person to prove his/her innocence is through the criminal justice system. If the person feels that he/she is innocent, then hiring an attorney to present the facts to the court. If indeed the facts show that the person is innocent, then he/she would need representation to properly show the court and prosecutor the facts of the case. If the person did go into court and was not represented by an attorney, then was found guilty, then the person may face a punishment that he/she could have avoided if they had an attorney.
If a child is charged with disorderly conduct for watching a fight at school, should he/she take a plea bargain or try and fight it in court?If all the child was doing was watching and not participating, then he/she should wait it out and take it to trial. If there are other children involved then the parents should all get together with all the attorneys and coordinate their defenses.
How should a person proceed with a domestic violence-disorderly conduct charge when he/she works for a state agency and the other person involved does not want to press charges?With a domestic violence-disorderly conduct charge the state is considered to be the victim, not the other person involved. If the District Attorney contacts the person, he/she more than likely, will not discuss the case due to being afraid of violating the person’s 6th amendment right to council. The person would need to hire an attorney to represent then and try to negotiate a refusal of the charges or to get the charges dismissed through the District Attorney.
Can a Disorderly conduct charge be suspended or dismissed without going to court?The person would need to hire an attorney to negotiate with the District Attorney to try and get the case dismissed or deferred. If the case is deferred, then the person would need to show up in court, but if the attorney can get the District Attorney to drop the charges under the basis of not enough evidence or that it would be a hassle to take the case to trial, then the person wouldn’t have to be in court for that.
Regardless of the reason, a disorderly conduct charge may cause several issues for the offender including, loss of job, difficulty finding a job, loss of other assistance, and making the offender’s life more hectic. The offender or even the victim may have several questions regarding the charges or how to handle the charges and consulting an Expert can help clear up the questions one may have.